Appeals case involves six city workers who were fired after backing sheriff’s opponent

NORFOLK, Va. 
Attorneys for Facebook and the American Civil Liberties Union want a federal appeals court to rule that clicking “Like” on the social networking site is constitutionally protected free speech.

The case revolves around six city employees fired by Hampton Sheriff B.J. Roberts after they supported his re-election opponent in 2009. One of those workers, Daniel Ray Carter, had “liked” the Facebook page of Roberts’ opponent.

Facebook said clicking “Like” was the 21st century-equivalent of a campaign yard sign. “If Carter had stood on a street corner and announced, ‘I like Jim Adams for Hampton sheriff,’ there would be no dispute his statement was constitutionally protected speech,” the company wrote in a friend of the court brief filed with the 4th U.S. Circuit Court of Appeals. “Carter made that very statement; the fact he did it online, with a click of a computer’s mouse, does not deprive Carter’s speech of constitutional protection.”

U.S. District Judge Raymond Jackson ruled against the workers in April, saying merely “liking” a Facebook page was insufficient speech to merit constitutional protection. “In cases where courts have found constitutional speech protections extended to Facebook posts, actual statements existed within the record,” he wrote.

Facebook and the ACLU want the appeals court to vacate the judge’s decision. The ACLU also is advocating on behalf of the other fired workers who didn’t click “Like” but who are also appealing.

Roberts said some of the workers were let go because he wanted to replace them with sworn deputies, while others were fired because of poor performance or his belief that their actions “hindered the harmony and efficiency of the office.”

The ACLU argued that doesn’t outweigh the employees’ rights. “It is binding First Amendment law that irrespective of an employee’s position, a public employer cannot terminate him or her for speech on a matter of public concern unrelated to his or her job duties,” the group wrote.

“Clicking the ‘Like’ button announces to others that the user supports, approves or enjoys the content being ‘Liked,’ ” the ACLU says in a brief filed with the court. “In this way, an individual who uses the ‘Like’ button is making a substantive statement. This is especially the case when a user ‘Likes’ a political candidate, as that is a clear sign of support for that candidate.”